Filing with NVC before approved i-130

[Aqid 1]

Hi all, 

 

I'd like to ask a question about an article I read today, and I want to make sure I understand what they are saying correctly. Here is some information about us:

 

LPR Husband, Foreign Wife.

Filing category: F2A

Filing date of i130: 15JUL23

 

Currently the case is pending, and we haven't heard anything since 19OCT23 when the status changed to "USCSI is reviewing your case".

 

I came across the following article (source) "How to Read the Visa Bulletin to Find Your Priority Date". The thing that caught my eye is this:

 

Quote

Section A: Final Action Dates

The “final action dates” chart shows which priority dates have reached the front of the line. These green card applications are ready for approval right now.

Section B: Dates For Filing

The “dates for filing” chart shows which green card applicants who are living outside of the United States should go ahead and submit their application with the National Visa Center (NVC)—even though a green card is not ready just yet. The cut-off dates in the “dates for filing” chart are slightly later (1-10 months) than those in the “final action dates” chart, which allows green card applicants to file their applications that much sooner.

The “dates for filing” chart is primarily directed at people who will be applying for a green card from outside the United States, but USCIS publishes a page called “when to file your adjustment of status application” every month that indicates whether green card applicants living in the United States can submit their green card application based on the visa bulletin’s “dates for filing” chart or whether they need to wait to meet the dates in the “final action dates” chart.

Why Do These Different Dates Matter?

For green card applicants living outside the United States, the “dates for filing” chart allows you to get an early start on assembling and submitting all the required documents to the National Visa Center (NVC). This sets the ball rolling, and ensures that the NVC has everything ready once your priority date appears in the “final action dates” chart and a green card is available to you.

For green card applicants living in the United States, the “dates for filing” chart opens the door to additional benefits. That’s because when filing a green card application with USCIS (technically an I-485 form for “adjustment of status”), you can simultaneously apply for a work permit (employment authorization document) and travel permit (advance parole document). For applicants who intend to work in the United States or travel outside the United States while waiting for their green card applications to be processed, these additional benefits can be invaluable.

 

The current dates for the categories are (source) :

 

Section A: 01JAN22

Section B: 15JUN24

 

When I go over to the USCIS website to see which date the NVC is using to accept applications it says the following (source) :

Quote

Adjustment of Status Filing Charts from the Visa Bulletin

If USCIS determines there are more immigrant visas available for a fiscal year than there are known applicants for such visas, we will state on this page that you may use the Dates for Filing chart. Otherwise, we will indicate on this page that you must use the Final Action Dates chart to determine when you may file your adjustment of status application. However, if a particular immigrant visa category is “current” on the Final Action Dates chart or the cutoff date on the Final Action Dates chart is later than the date on the Dates for Filing chart, applicants in that immigrant visa category may file using the Final Action Dates chart during that month.

We anticipate designating one of the two charts each month and linking to the relevant chart below within one week of DOS’s publication of the Visa Bulletin.

Current Month’s Adjustment of Status Filing Charts

For Family-Sponsored Filings:
For all family-sponsored preference categories, you must use the Dates for Filing chart in the Department of State Visa Bulletin for January 2025.

Next Month’s Adjustment of Status Filing Charts

For Family-Sponsored Filings:
For all family-sponsored preference categories, you must use the Dates for Filing chart in the Department of State Visa Bulletin for February 2025.

 

My question is this: Am I reading correctly that we can go ahead and proceed to the next step, file with the NVC, even though our I-130 is not approved yet, because of the date of "Section B" (15JUN24) being past our filing date (15JUL23)? 

Edited 3 hours ago by Aqid

[appleblossom 3,035]

14 minutes ago, Aqid said:

My question is this: Am I reading correctly that we can go ahead and proceed to the next step, file with the NVC, even though our I-130 is not approved yet, because the date of "Section B" (15JUN24) is past our filing date (15JUL23)? 

 

No. You need to wait until your I-130 is approved. At that point, if your PD is still current on Table B you will then receive the ‘Welcome Letter’ (which actually comes as an email) when the case has been transferred to NVC, and that will give you the info you need to start the process i.e. the invoice number to pay the fees etc.

 

Then once you’ve done all that, you’ll wait until your PD is current on Table A, and at that point your case will be added to the line for an interview.

 

Have you applied for citizenship? If not, when will you become eligible to? That would speed things up considerably.

Edited 3 hours ago by appleblossom

[Aqid 1]

35 minutes ago, appleblossom said:

 

No. You need to wait until your I-130 is approved. At that point, if your PD is still current on Table B you will then receive the ‘Welcome Letter’ (which actually comes as an email) when the case has been transferred to NVC, and that will give you the info you need to start the process i.e. the invoice number to pay the fees etc.

 

Then once you’ve done all that, you’ll wait until your PD is current on Table A, and at that point your case will be added to the line for an interview.

 

Have you applied for citizenship? If not, when will you become eligible to? That would speed things up considerably.

 

Ahhh that makes sense, thank you for clearing that up. I'm currently already eligible to apply for citizenship, I have had my green card for 12 years now. But the way I read it, is that I would have to give up my Dutch passport as The Netherlands doesn't allow dual citizenship anymore. Since I already filed the i130 about 18 months ago, do you think it would speed up the process considerably still? 

[appleblossom 3,035]

1 minute ago, Aqid said:

 

Ahhh that makes sense, thank you for clearing that up. I'm currently already eligible to apply for citizenship, I have had my green card for 12 years now. But the way I read it, is that I would have to give up my Dutch passport as The Netherlands doesn't allow dual citizenship anymore. Since I already filed the i130 about 18 months ago, do you think it would speed up the process considerably still? 

 

If you haven’t even filed for citizenship then it probably won’t speed things up, no. Citizenship would take at least a year usually, so it wouldn’t make enough of a difference. If you could get dual citizenship and were going to apply anyway then it would be different, but if you’d have to give your Dutch citizenship up then I’d so it’s not worth it personally. 

 

The only caveat to that is that if your category retrogresses with the new administration you might want to rethink, but just keep an eye on the Visa Bulletin so that you know if that is the case.

 

Good luck. 

[JeanneAdil 6,614]

Question?  Does she have children ?

if so, keep the F2 as they are derivatives

 

If u become US citizen and change to CR 1,  you would need to file a I 130 for each child as they are now not derivatives of her I 130

Edited 47 minutes ago by JeanneAdil

[Aqid 1]

30 minutes ago, JeanneAdil said:

Question?  Does she have children ?

if so, keep the F2 as they are derivatives

 

If u become US citizen and change to CR 1,  you would need to file a I 130 for each child as they are now not derivatives of her I 130

 

She does not have children. 

 

Right now I'm looking into the process of getting naturalized and how it works with Dutch law. I believe there is a form I can file that will allow me to keep Dutch citizenship. If that's the case, I might do that regardless of the status upgrade from F2A to IR1. I should've looked into that sooner, I had no idea the F2A category took that much longer than the IR1 category.

[mam521 2,173]

2 hours ago, appleblossom said:

Citizenship would take at least a year usually

It's not been taking that long.  Many cases are 4-8mo, start to finish.  

 

I do understand the OP's concerns with potentially losing Dutch citizenship.  Maybe The Netherlands will take a page from Germany's book and change the rules. One can hope!